Schedule 1: substituted, on 18 December 2009, by regulation 5 of the Local Government (Infringement Fees for Offences: Waikato Regional Council Navigation Safety Bylaw) Amendment Regulations 2009 (SR 2009/414).

Provision

Description of offence

Fee ($)

cl 2.1

Carrying no, or not enough, personal flotation devices (PFDs) for every person on board a recreational craft; not wearing PFDs that are of an appropriate size in circumstances or situations that cause danger or risk to the safety of persons on board or of persons being towed

200

cl 2.2

Failing to carry an appropriate means of communication

200

cl 2.3

Swimming or diving around wharves

200

cl 2.4

Using vessel’s engine around wharves and ramps

200

cl 2.5

Mooring an unseaworthy or unserviceable vessel in navigable waters; failing to remove, if directed, an unseaworthy or unserviceable vessel from navigable waters

200

cl 2.6

Impeding the landing or taking off of a seaplane; operating a seaplane without the harbourmaster’s permission

200

cl 2.7

Failing to adequately moor or secure a vessel

200

cl 2.8

Failing to observe duties in relation to moorings

200

cl 2.9

Anchoring or mooring a vessel within a prohibited anchorage

200

cl 2.10

Obstructing waterways or access to waterways

200

cl 2.11

Failing to notify a collision or accident

200

cl 2.12

Damaging buoys, navigation aids, or signage

200

cl 2.14

Operating a vessel in breach of Maritime Rule 22 (collision prevention—lights and shapes)

200

cl 2.16

Refusing to provide certain information requested by an enforcement officer; preventing an enforcement officer from carrying out functions and duties under bylaw

200

cl 3.1

Permitting under-aged driving of powered vessels

200

cl 3.2

Exceeding a speed of 5 knots in designated areas

200

cl 3.4

Waterskiing or towing without a lookout

200

cl 3.5

Waterskiing or towing between sunset and sunrise

200

cl 3.6

Causing a vessel’s wake to unnecessarily cause danger or risk of damage to other vessels, structures, or other persons

200

cl 3.7

Improper conduct in an access lane

200

cl 3.9

Obstructing other persons lawfully using a reserved area; or unlawfully using a reserved area

200

cl 4.7

Operating an unregistered personal watercraft

200

cl 4.8

Operating an unidentified vessel

200

Schedule 1: amended, on 5 August 2010, by regulation 4 of the Local Government (Infringement Fees for Offences: Waikato Regional Council Navigation Safety Bylaw) Amendment Regulations 2010 (SR 2010/193).

Alleged infringement offence(s) details

Time for payment of infringement fee(s)

The infringement fee(s) is (or are) payable within 28 days after [date this notice is delivered personally or served by post].

To whom payable

The infringement fee(s) is (or are) payable to [specify address of enforcement authority].

Method of payment

Please present this notice, or a copy of this notice, when making payment.

Cheques or money orders must be made out to [specify enforcement authority] and must be crossed and marked not transferable or account payee only.

Issued by: [full name], who is a person duly authorised by Environment Waikato.

Important: Please read the statement of rights printed over the page.

(Back page)

Statement of rights

If, after reading this statement, you do not understand anything in it, you should consult a lawyer immediately.

1

This notice sets out 1 or more alleged infringement offences. Each offence that is identified by a number is a separate infringement offence. You may decide what to do in respect of each alleged offence individually, and may act in the same way in respect of all alleged offences or in different ways in respect of different alleged offences, as set out below.

Note: If, under section 21(3A) or (3C)﻿(a) of the Summary Proceedings Act 1957, you enter or have entered into a time-to-pay arrangement with an informant in respect of an infringement fee payable by you, paragraphs 4(b) and (c), 5, and 6 do not apply and you are not entitled either to request a hearing to deny liability or to ask the court to consider any submissions (as to penalty or otherwise) in respect of the infringement.

Payments

2

If you pay the infringement fee for an alleged offence within 28 days of the service on you of this notice, no further enforcement action will be taken for that offence. Payments may be made at the place indicated on the front page of this notice.

Defence

3

You have a complete defence against proceedings for an alleged offence if the infringement fee for that offence has been paid to the enforcement authority at the address shown on the front page of this notice within 28 days after service on you of a reminder notice. Late payment or payment made to any other address will not constitute a defence.

Further action

4

You may write to the enforcement authority at the address shown on the front page of this notice if you wish to—

(a)

raise any matter relating to the circumstances of an alleged offence for consideration by the enforcement authority; or

(b)

deny liability for the offence and request a court hearing (refer to paragraphs 5 and 9); or

(c)

admit liability for the offence, but wish to have a court consider written submissions as to penalty or otherwise (refer to paragraphs 6 and 9).

Any such letter must be personally signed.

5

If you deny liability for the offence and request a hearing, the enforcement authority will, unless it decides not to commence court proceedings in respect of the offence, serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court.

6

If you admit liability for the offence, but wish the court to consider your submissions as to penalty or otherwise, you must, in your letter to the enforcement authority,—

(a)

request a hearing; and

(b)

admit liability; and

(c)

set out the written submissions that you wish the court to consider.

The enforcement authority will then file your letter with the court (unless it decides not to commence court proceedings in respect of the offence). There is no provision for an oral hearing before the court if you follow this course of action.

Non-payment of fee

7

If you do not pay the infringement fee and do not request a hearing in respect of an alleged offence within 28 days after the service on you of this notice, you will (unless the enforcement authority decides otherwise) be served with a reminder notice.

8

If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after being served with the reminder notice, you will become liable to pay costs in addition to the infringement fee unless the enforcement authority decides not to commence proceedings against you.

Queries and correspondence

9

When writing to the enforcement authority or making payment of an infringement fee, please indicate—

(a)

the date of the infringement offence; and

(b)

the infringement notice number; and

(c)

the identifying number of each alleged offence and the course of action you are taking in respect of each alleged offence (if this notice sets out more than 1 offence and you are not paying all the infringement fees for the alleged offences); and

(d)

your full address for replies (if you are not paying all the infringement fees for the alleged offences).

If it is not clear which alleged offence any payment relates to, your payment may be treated as relating to the alleged offences in the order in which they are set out on the front of this notice.

Note: All queries and correspondence regarding the infringement offence(s) must be directed to the enforcement authority named in this notice at the address shown.

Reprints notes

1 General

This is a reprint of the Local Government (Infringement Fees for Offences: Waikato Regional Council Navigation Safety Bylaw) Regulations 2006 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.